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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12480
Experience:  Significant experience in all areas of employment law.
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I was off in February along with two other senior (65) and

Customer Question

I was laid off in February along with two other senior (65) and high paid (100) sales managers.
The lay off was not expected but went well with a very nice compensation program and good recommendations - until the National Sales Manager was replaced.
Recently I decided to go back to work with a local Sales Representative group who also sells my old product line. He was recently called into the office and told that he should not have hired me as ICOM had "fired me for cause". I'm sure that this is not a company opinion and wonder if I can do anything to stop this sort of thing. It certainly explains why I am getting no interview followups.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Claiming that an employee was terminated for cause when they were in fact laid off for economic reasons can give rise to a claim for defamation if it is possible or the employee to prove that they lost a job offer or suffered some other sort of financial loss as a result of the statement.

The best course of action in this circumstance is a strongly worded "cease and desist" letter from a local attorney advising of the above. Employers have nothing to gain from making negative statements about former employees, aside from retribution, and that is not worth the cost of being sued, as lawsuits can cost tens of thousands of dollars to defend, not to mention the employer's exposure for a judgment in the employee's favor. Any proof you may have that you were not laid off for cause (i.e. emails talking about your layoff, good recommendations, the compensation program you mention, etc.) should be referenced if not included in the letter to show what support you have for a defamation claim.

See here to locate an attorney in your area who can draft the letter.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Was I able to answer your question? Please let me know if I can be of any further assistance....

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